Mchunu alleges 'human rights abuse' among reasons for disbanding PKTT

In his testimony on Friday, Mchunu told the commission that his office had received complaints from  eight whistleblowers, including human rights activist Mary de Haas and alleged SAPS whistleblower Patricia Mashale.

 The minister explained that concerns came from a broad spectrum of sources, including civil society organisations, whistleblowers, members of parliament, police officers, and members of the public. 

Some allegations, particularly from Mashale, had been posted on Facebook.

Evidence Leader Advocate Mahlape Sello asked whether Mchunu had tested the claims made online.

 Mchunu said he submitted the names of the whistleblowers to the commission to enable assessment of whether his decision to disband the PKTT was justified.

Allegations from whistleblowers

Commissioner Sesi Baloyi SC challenged Mchunu to clarify the substance of these complaints. 

“Minister, under this heading, human rights concerns… you say these reports raise concerns about the human rights abuses by members of the PKTT,” said Baloyi.

She reminded Mchunu that the inquiry was specifically focused on why he had decided to disband  the unit and asked for  concrete examples rather than general references.

Mchunu responded that the complaints highlighted several issues, including members of the PKTT wearing balaclavas during operations, unclear reporting lines, allegations of overreach, duplication of functions with the murder and robbery unit,which he said was a  significant strain on SAPS resources. 

He argued that these factors, coupled with whistleblower reports, informed his decision.

Baloyi, however, pressed on the connection between the complaints and the decision to disband. 

“I don’t know what those eight names have to do with your decision to disband the PKTT, if they do at all… because I don’t know what the issues are about the eight, I’m not in a position to say whether you validly or correctly took them into account.”

Mchunu confirmed that the whistleblower reports fell under broader concerns listed in his statement, which included human rights violations and governance failures. 

He explained that the details had been condensed into general categories for confidentiality and legal reasons.

The minister told the commission that PKTT members’ alleged human rights abuses were serious enough to warrant intervention. 

He said the complaints highlighted patterns of operational behaviour that raised questions about oversight, accountability, and adherence to established processes.

“Some of the reports indicated that members acted beyond their mandate,” Mchunu said.

He stressed that while these issues were initially reported through SAPS internal channels, persistent concerns escalated to him when whistleblowers and civil society actors felt there was insufficient resolution.

Commissioners noted that the allegations, while serious, were intertwined with other operational challenges, such as resource constraints and overlapping responsibilities with other SAPS units. 

Financial and operational pressures

While human rights abuses were highlighted as a reason for the disbandment, Mchunu also pointed to financial strain and inefficiency. 

The PKTT had operated for nearly seven years, and the minister argued that its continued functioning was no longer sustainable.

Mchunu told the commission that the unit had never provided value for money from the outset.

He explained that the PKTT’s work had significant overlaps with the murder and robbery unit.

The minister also said that the disbandment was not intended to threaten the jobs of PKTT members. 

“Even though the word ‘disbandment’ was used, the intention was integration. 

Members were never to be dismissed, the goal was to engage them in processes aligned with the PKTT’s objectives,” Mchunu explained.

Immediate disbandment vs phased transition

Evidence Leader Advocate Mahlape Sello pressed Mchunu on the language of his December 2024 directive, particularly the use of the word immediately.

 Mchunu clarified that the term referred to initiating the process, not its instantaneous completion. 

He says he expected National Commissioner Fannie Masemola to first submit a preliminary report, after which a meeting with deputy ministers and top executives would consider the decision.

The minister admitted that no detailed plan had been drafted at the time the directive was issued. 

“I didn’t necessarily work out any details at the time when I wrote the letter beyond the time of those engagements. 

I had in mind engagements going forward,” he said. 

He says the phased approach was intended to manage case handovers, personnel integration, and administrative alignment without disrupting ongoing investigations.

Conflicting interpretations within SAPS

Commissioner Baloyi highlighted a divergence in understanding between Mchunu and the now-suspended Deputy National Commissioner for Crime Detection, Shadrack Sibiya. 

While Mchunu envisaged PKTT members being absorbed into Murder and Robbery Units, Sibiya instructed members to return to their stations without formal integration.

Baloyi told Mchunu, “You just gave an instruction and let it be executed, while Sibiya followed his own understanding. The provincial murder and robbery units may not have benefited as you intended.”

Mchunu responded that he relied on reports indicating absorption was possible, but commissioners emphasised that Sibiya’s letter could not be retroactively interpreted to support the minister’s evidence. 

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